The Non Disclosure Settlement Agreement is utilized when parties wish to resolve disputes while maintaining confidentiality about the settlement terms and related information. This document type is particularly relevant in the United States where it must comply with federal and state-specific regulations, including the Defend Trade Secrets Act and various state laws. It serves as both a settlement instrument and a confidentiality agreement, typically including financial terms, releases, and strict non-disclosure provisions. The agreement is commonly used in employment disputes, commercial conflicts, and intellectual property matters.
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1. Parties: Identification of all parties involved in the agreement, including legal names and addresses
2. Background/Recitals: Context of the settlement and circumstances leading to the agreement
3. Definitions: Key terms used throughout the agreement, including 'Confidential Information', 'Settlement Amount', 'Effective Date'
4. Settlement Terms: Core settlement provisions, including payment terms and release of claims
5. Confidentiality Obligations: Specific obligations regarding confidentiality of settlement terms and other protected information
6. Non-Disparagement: Mutual agreements regarding future communications about parties involved
7. Governing Law: Jurisdiction and applicable law governing the agreement
1. Tax Implications: Addressing tax treatment of settlement payments when monetary compensation is involved
2. Return of Materials: Provisions for returning confidential materials when physical or digital materials need to be returned
3. ADEA Compliance: Special provisions required for age discrimination settlements when settling with employees over 40 years old
4. Cooperation Clause: Requirements for future cooperation between parties when ongoing assistance may be needed
1. Schedule A - Settlement Payment Details: Breakdown of settlement amounts and payment schedule
2. Schedule B - Released Claims: Detailed list of claims being released through the settlement
3. Schedule C - Confidential Information: Specific definition of what constitutes confidential information
4. Schedule D - Return of Property Checklist: List of items to be returned or destroyed
Relevant legal definitions
Agreement
Confidential Information
Effective Date
Parties
Settlement Amount
Settlement Payment
Released Claims
Released Parties
Dispute
Non-Disparagement
Permitted Disclosures
Confidentiality Period
Representatives
Affiliate
Material Breach
Trade Secrets
Governing Law
Payment Date
Confidential Materials
Force Majeure
Confidential Information
Effective Date
Parties
Settlement Amount
Settlement Payment
Released Claims
Released Parties
Dispute
Non-Disparagement
Permitted Disclosures
Confidentiality Period
Representatives
Affiliate
Material Breach
Trade Secrets
Governing Law
Payment Date
Confidential Materials
Force Majeure
Clauses
Confidentiality
Settlement Terms
Release of Claims
Non-Disparagement
Payment Terms
Governing Law
Representations and Warranties
Enforcement
Breach and Remedies
Return of Materials
Non-Admission of Liability
Severability
Amendment and Waiver
Entire Agreement
Tax Indemnification
Cooperation
Assignment
Notice
Dispute Resolution
Force Majeure
Settlement Terms
Release of Claims
Non-Disparagement
Payment Terms
Governing Law
Representations and Warranties
Enforcement
Breach and Remedies
Return of Materials
Non-Admission of Liability
Severability
Amendment and Waiver
Entire Agreement
Tax Indemnification
Cooperation
Assignment
Notice
Dispute Resolution
Force Majeure
Relevant Industries
Relevant Teams
Relevant Roles
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